17 October 2022 08:04 pm
The Supreme Court has ordered the State and a Deputy Principal attached to a government school in Matale to pay a compensation of Rs.200,000 to two students for causing injuries by severely caning them, violating their fundamental rights guaranteed under the constitution.
The Supreme Court held that the Deputy Principal acting under the colour of office, had clearly exceeded his powers as a disciplinarian and subjected the two students to cruel, inhuman and degrading treatment or punishment in violation of Article 11 of the Constitution.
Two petitioners who were students of Veera Keppetipola Madya Maha Vidyalaya, Pallepola, Akuramboda in Matale District had filed this Fundamental Rights petition in 2012 challenging the torture, cruel, inhuman and degrading punishment or treatment meted out to them by Deputy Principal Lory Koswatte by severely caning them and causing injuries in violation of the Circulars of the Ministry of Education and violating their fundamental rights guaranteed under Article 11 and Article 12 (1) of the Constitution.
The Deputy Principal was of the view that the punishments which were of ‘disciplinary’ nature were vindicated by the fact that the petitioners accepted liability for causing damages to school property. The respondent further contended that he had no intention of subjecting the Petitioners to cruel and inhuman treatment or punishment and acted in good faith with the objective of maintaining discipline in the school and with the intention of discouraging such behaviour among the students.
Contrary to the respondent's version, the medical evidence placed before Court supported the Petitioners’ version of events and established that the impugned uninhibited assault was both violent, degrading and had a detrimental impact on the physical and mental wellbeing of the Petitioners.
Supreme Court bench comprised Justices Buwaneka Aluwihare, A.H.M.D. Nawaz and Shiran Gooneratne.
Counsel Shantha Jayawardena appeared for the petitioners. (Lakmal Sooriyagoda)